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CALIFORNIA
A S S O C I AT I O N
O F R E A LT O R S ®
RESIDENTIAL LEASE OR
MONTH-TO-MONTH RENTAL AGREEMENT
(C.A.R. Form LR, Revised 11/08)
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Date __________________, ______________________________________________________________________ (“Landlord”) and
_____________________________________________________________________________________ (“Tenant”) agree as follows:
1. PROPERTY:
A. Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: ______________
______________________________________________________________________________________ (“Premises”).
B. The Premises are for the sole use as a personal residence by the following named person(s) only: _________________
________________________________________________________________________________________________.
C. The following personal property, maintained pursuant to paragraph 11, is included: _______________________________
__________________________________ or n (if checked) the personal property on the attached addendum.
2. TERM: The term begins on (date) ________________________________ (“Commencement Date”), (Check A or B):
n A. Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice
at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as
provided by law. Such notices may be given on any date.
n B. Lease: and shall terminate on (date) _________________________________________ at __________ n AM/ n PM.
Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this
agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from
Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may
terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All
other terms and conditions of this Agreement shall remain in full force and effect.
3. RENT: “Rent” shall mean all monetary obligations of Tenant to Landlord under the terms of the Agreement, except security deposit.
A. Tenant agrees to pay $ _______________________ per month for the term of the Agreement.
B. Rent is payable in advance on the 1st (or n _______) day of each calendar month, and is delinquent on the next day.
C. If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full
month’s Rent in advance of Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day
period.
D. PAYMENT: Rent shall be paid by n personal check, n money order, n cashier’s check, or n other __________________, to (name)
________________________________________________ (phone) ________________________________ at (address)
________________________________________________________________________________, (or at any other location
subsequently specified by Landlord in writing to Tenant) (and n if checked, rent may be paid personally, between the hours of
_______ and _______ on the following days _________________________________________________). If any payment is
returned for non-sufficient funds (“NSF”) or because tenant stops payment, then, after that: (i) Landlord may, in writing, require
Tenant to pay Rent in cash for three months and (ii) all future Rent shall be paid by n money order, or n cashier’s check.
4. SECURITY DEPOSIT:
A. Tenant agrees to pay $ ________________________________________ as a security deposit. Security deposit will be
n transferred to and held by the Owner of the Premises, or n held in Owner’s Broker’s trust account.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant’s default in payment of Rent (which
includes Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a
guest or licensee of Tenant; (iii) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal
property or appurtenances. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST
MONTH’S RENT. If all or any portion of the security deposit is used during the tenancy, Tenant agrees to reinstate the total security
deposit within five days after written notice is delivered to Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall:
(1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its
disposition and supporting documentation as required by California Civil Code § 1950.5(g); and (2) return any remaining
portion of the security deposit to Tenant.
C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security
deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified.
D. No interest will be paid on security deposit unless required by local law.
E. If the security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If the security deposit is held
in Owner’s Broker’s trust account, and Broker’s authority is terminated before expiration of this Agreement, and security deposit
is released to someone other than Tenant, then Broker shall notify Tenant, in writing, where and to whom security deposit has
been released. Once Tenant has been provided such notice, Tenant agrees not to hold Broker responsible for the security
deposit.
5. MOVE-IN COSTS RECEIVED/DUE: Move-in funds made payable to ______________________________________________
shall be paid by n personal check, n money order, or n cashier’s check.
Category
Total Due
Payment Received
Balance Due
Date Due
Rent from ___________
to _____________ (date)
*Security Deposit
Other _______________
Other ___________
Total
*The maximum amount Landlord may receive as security deposit, however designated, cannot exceed two months’ Rent for
unfurnished premises, or three months’ Rent for furnished premises.
The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized
reproduction of this form, or any portion thereof, by photocopy machine or any other
means, including facsimile or computerized formats. Copyright © 1991-2008,
CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
LR REVISED 11/08 (PAGE 1 OF 6) Print Date
Tenant’s Initials (__________)(__________)
Landlord’s Initials (__________)(__________)
Reviewed by _______ Date _______
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 1 OF 6)
Premises: __________________________________________________________________ Date: _________________
6.
OR
8.
OR
9.
10.
11.
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7.
LATE CHARGE; RETURNED CHECKS:
A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Landlord to incur costs and
expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are
not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of
Rent due from Tenant is not received by Landlord within 5 (or n _______) calendar days after the date due, or if a check is
returned, Tenant shall pay to Landlord, respectively, an additional sum of $ _____________ or ______% of the Rent due as a
Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check,
either or both of which shall be deemed additional Rent.
B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenant’s late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent.
Landlord’s acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord’s right
to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 3 or prevent
Landlord from exercising any other rights and remedies under this Agreement and as provided by law.
PARKING: (Check A or B)
n A. Parking is permitted as follows: ________________________________________________________________________
________________________________________________________________________________________________.
The right to parking n is n is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent, the
parking rental fee shall be an additional $ _________________ per month. Parking space(s) are to be used for parking
properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up
trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other
motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted
in parking space(s) or elsewhere on the Premises.
n B. Parking is not permitted on the Premises.
STORAGE: (Check A or B)
n A. Storage is permitted as follows:_________________________________________________________________________
The right to storage space n is, n is not, included in the Rent charged pursuant to paragraph 3. If not included in the Rent,
storage space fee shall be an additional $ ___________________ per month. Tenant shall store only personal property
Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall
not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other
inherently dangerous material, or illegal substances.
n B. Storage is not permitted on the Premises.
UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges: __________________________________
except _________________________________, which shall be paid for by Landlord. If any utilities are not separately metered,
Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered,
Tenant shall place utilities in Tenant’s name as of the Commencement Date. Landlord is only responsible for installing and
maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from
existing utilities service provider.
CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and
fixtures, including smoke detector(s).
(Check all that apply:)
n A. Tenant acknowledges these items are clean and in operable condition, with the following exceptions: _______________________
_________________________________________________________________________________________________.
n B. Tenant’s acknowledgment of the condition of these items is contained in an attached statement of condition (C.A.R. Form
MIMO).
n C. Tenant will provide Landlord a list of items that are damaged or not in operable condition within 3 (or n _______) days after
Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the
Premises.
n D. Other:____________________________________________________________________________________________.
MAINTENANCE:
A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and
appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well
ventilated. Tenant shall be responsible for checking and maintaining all smoke detectors and any additional phone lines beyond
the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord, in writing, of any
problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or
licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure
to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by
defective plumbing parts or tree roots invading sewer lines.
B. n Landlord n Tenant shall water the garden, landscaping, trees and shrubs, except: _______________________________
_____________________________________________________________________________________________________.
C. n Landlord n Tenant shall maintain the garden, landscaping, trees and shrubs, except: ____________________________
_____________________________________________________________________________________________________.
D. n Landlord n Tenant shall maintain ____________________________________________________________________.
E. Tenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform
such maintenance and charge Tenant to cover the cost of such maintenance.
F. The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair or
replace them: _________________________________________________________________________________________.
Tenant’s Initials (__________)(__________)
Landlord’s Initials (__________)(__________)
Copyright © 1994-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
LR REVISED 11/08 (PAGE 2 OF 6)
Reviewed by _______ Date _______
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 2 OF 6)
Premises: __________________________________________________________________ Date: _________________
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12. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including
schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection,
other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other
telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities,
existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or
odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition
of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements
and preferences of Tenant.
13. PETS: Unless otherwise provided in California Civil Code § 54.2, no animal or pet shall be kept on or about the Premises without
Landlord’s prior written consent, except: ______________________________________________________________________.
14. n (If checked) NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Occupant is
responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii)
Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises;
(iii) Occupant is in breach of this Agreement; and (iv) Occupant forfeits its right to return of any security deposit.
15. RULES/REGULATIONS:
A. Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to
Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere
with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to,
using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit
a waste or nuisance on or about the Premises.
B. (If applicable, check one)
n 1. Landlord shall provide Tenant with a copy of the rules and regulations within ___________ days
or ____________________.
OR n 2. Tenant has been provided with, and acknowledges receipt of, a copy of the rules and regulations.
16. n (If checked) CONDOMINIUM;PLANNED UNIT DEVELOPMENT:
A. The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development
governed by a homeowners’ association (“HOA”). The name of the HOA is ____________________. Tenant agrees to comply
with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions. Landlord shall provide Tenant copies
of rules and regulations, if any. Tenant shall reimburse Landlord for any fines or charges imposed by HOA or other authorities, due
to any violation by Tenant, or the guests or licensees of Tenant.
B. (Check one)
n 1. Landlord shall provide Tenant with a copy of the HOA rules and regulations within ___________ days
or ____________________.
OR n 2. Tenant has been provided with, and acknowledges receipt of, a copy of the HOA rules and regulations.
17. ALTERATIONS; REPAIRS: Unless otherwise specified by law or paragraph 29C, without Landlord’s prior written consent, (i) Tenant
shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or
changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large
nails or adhesive materials; (ii) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant
shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any deduction made by Tenant shall be
considered unpaid Rent.
18. KEYS; LOCKS:
A. Tenant acknowledges receipt of (or Tenant will receive n prior to the Commencement Date, or n _____________):
n ________ key(s) to Premises,
n _______ remote control device(s) for garage door/gate opener(s),
n ________ key(s) to mailbox,
n _________________________________________________,
n ________ key(s) to common area(s),
n _________________________________________________.
B. Tenant acknowledges that locks to the Premises n have, n have not, been re-keyed.
C. If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall pay
all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant.
19. ENTRY:
A. Tenant shall make Premises available to Landlord or Landlord’s representative for the purpose of entering to make necessary or
agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to
prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
B. Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows. 48-hour
written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the
right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has
been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be
given to show the Premises. No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents
at the time of entry or (iii) if the Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord
and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral
agreement.
C. n (If checked) Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a
keysafe/lockbox addendum (C.A.R. Form KLA).
20. SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises.
21. ASSIGNMENT; SUBLETTING: Tenant shall not sublet all or any part of Premises, or assign or transfer this Agreement or any
interest in it, without Landlord’s prior written consent. Unless such consent is obtained, any assignment, transfer or subletting of
Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Landlord,
terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit
Tenant’s Initials (__________)(__________)
Landlord’s Initials (__________)(__________)
Copyright © 1994-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
LR REVISED 11/08 (PAGE 3 OF 6)
Reviewed by _______ Date _______
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 3 OF 6)
Premises: __________________________________________________________________ Date: _________________
22.
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information for Landlord’s approval and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord’s
consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer
or sublease and does not release Tenant of Tenant’s obligations under this Agreement.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely
responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually,
whether or not in possession.
n LEAD-BASED PAINT (If checked): Premises was constructed prior to 1978. In accordance with federal law, Landlord gives
and Tenant acknowledges receipt of the disclosures on the attached form (C.A.R. Form FLD) and a federally approved lead
pamphlet.
n MILITARY ORDNANCE DISCLOSURE: (If applicable and known to Landlord) Premises is located within one mile of an area
once used for military training, and may contain potentially explosive munitions.
n PERIODIC PEST CONTROL: Landlord has entered into a contract for periodic pest control treatment of the Premises and shall
give Tenant a copy of the notice originally given to Landlord by the pest control company.
n METHAMPHETAMINE CONTAMINATION: Prior to signing this Agreement, Landlord has given Tenant a notice that a health
official has issued an order prohibiting occupancy of the property because of methamphetamine contamination. A copy of the
notice and order are attached.
MEGAN’S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified
registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the
offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are
required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
POSSESSION:
A. Tenant is not in possession of the premises. If Landlord is unable to deliver possession of Premises on Commencement Date,
such Date shall be extended to the date on which possession is made available to Tenant. If Landlord is unable to deliver
possession within 5 (or n _______) calendar days after agreed Commencement Date, Tenant may terminate this Agreement
by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. Possession is deemed terminated
when Tenant has returned all keys to the Premises to Landlord.
B. n Tenant is already in possession of the Premises.
TENANT’S OBLIGATIONS UPON VACATING PREMISES:
A. Upon termination of the Agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises,
including any common areas; (ii) vacate and surrender Premises to Landlord, empty of all persons; (iii) vacate any/all
parking and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Landlord in the same
condition as referenced in paragraph 10; (v) remove all debris; (vi) give written notice to Landlord of Tenant’s forwarding
address; and (vii) _________________________________________.
B. All alterations/improvements made by or caused to be made by Tenant, with or without Landlord’s consent, become the
property of Landlord upon termination. Landlord may charge Tenant for restoration of the Premises to the condition it was
in prior to any alterations/improvements.
C. Right to Pre-Move-Out Inspection and Repairs as follows: (i) After giving or receiving notice of termination of a tenancy
(C.A.R. Form NTT), or before the end of a lease, Tenant has the right to request that an inspection of the Premises take place
prior to termination of the lease or rental (C.A.R. Form NRI). If Tenant requests such an inspection, Tenant shall be given an
opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or
alterations made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense. Repairs
may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The
work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be
performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood
that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain
receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the
date of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. Paragraph 29C does
not apply when the tenancy is terminated pursuant to California Code of Civil Procedure § 1161(2), (3) or (4).
BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 29, in the event of
termination by Tenant prior to completion of the original term of the Agreement, Tenant shall also be responsible for lost Rent, rental
commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord may withhold any such
amounts from Tenant’s security deposit.
TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a
reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to
Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest
control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises.
DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake,
accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this
Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable.
The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall
promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable
use of Premises. If damage occurs as a result of an act of Tenant or Tenant’s guests, only Landlord shall have the right of termination,
and no reduction in Rent shall be made.
INSURANCE: Tenant’s or guest’s personal property and vehicles are not insured by Landlord, manager or, if applicable, HOA,
against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant
Tenant’s Initials (__________)(__________)
Landlord’s Initials (__________)(__________)
Copyright © 1994-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
LR REVISED 11/08 (PAGE 4 OF 6)
Reviewed by _______ Date _______
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 4 OF 6)
Premises: __________________________________________________________________ Date: _________________
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is advised to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. Tenant
shall comply with any requirement imposed on Tenant by Landlord’s insurer to avoid: (i) an increase in Landlord’s insurance
premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.
WATERBEDS: Tenant shall not use or have waterbeds on the Premises unless: (i) Tenant obtains a valid waterbed insurance policy;
(ii) Tenant increases the security deposit in an amount equal to one-half of one month’s Rent; and (iii) the bed conforms to the floor
load capacity of Premises.
WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
NOTICE: Notices may be served at the following address, or at any other location subsequently designated:
Tenant: __________________________________________
Landlord: ____________________________________
______________________________________________
________________________________________________
________________________________________________
______________________________________________
______________________________________________
________________________________________________
TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by
Landlord or Landlord’s agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant’s
acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant’s rental application are accurate. Tenant
authorizes Landlord and Broker(s) to obtain Tenant’s credit report periodically during the tenancy in connection with the modification
or enforcement of this Agreement. Landlord may cancel this Agreement: (i) before occupancy begins; (ii) upon disapproval of the
credit report(s); or (iii) at any time, upon discovering that information in Tenant’s application is false. A negative credit report
reflecting on Tenant’s record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment
and other obligations under this Agreement.
MEDIATION:
A. Consistent with paragraphs B and C below, Landlord and Tenant agree to mediate any dispute or claim arising between them
out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided
equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action
without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that
party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's
lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable
the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall
not constitute a waiver of the mediation provision.
C. Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager
(“Broker”), provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim
is presented to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party
to this Agreement.
ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant
shall be entitled to reasonable attorney fees and costs, except as provided in paragraph 39A.
C.A.R. FORM: C.A.R. Form means the specific form referenced or another comparable from agreed to by the parties.
Interpreter/Translator Agreement (C.A.R. Form ITA);
OTHER TERMS AND CONDITIONS;SUPPLEMENTS: n
__________________________________________________________
n
Keysafe/Lockbox Addendum (C.A.R. Form KLA); n Lead-Based Paint and Lead-Based Paint Hazards Disclosure (C.A.R. Form FLD)
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
The following ATTACHED supplements are incorporated in this Agreement: _________________________________________________
_____________________________________________________________________________________________________________
________________________________________________________________________________________________________
____________________________________________________________________________________________________
TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are
incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement
with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.
If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and
effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. This
Agreement is subject to California landlord-tenant law and shall incorporate all changes required by amendment or successors to such
law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts,
all of which shall constitute one and the same writing.
AGENCY:
A. CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction:
Listing Agent: (Print firm name) _______________________________________________________________ is the agent of
(check one): n the Landlord exclusively; or n both the Landlord and Tenant.
Leasing Agent: (Print firm name) ___________________________________________________ (if not same as Listing
Agent) is the agent of (check one): n the Tenant exclusively; or n the Landlord exclusively; or n both the Tenant and Landlord.
B. DISCLOSURE: n (If checked): The term of this lease exceeds one year. A disclosure regarding real estate agency
relationships (C.A.R. Form AD) has been provided to Landlord and Tenant, who each acknowledge its receipt.
n TENANT COMPENSATION TO BROKER: Upon execution of this Agreement, Tenant agrees to pay compensation to Broker
as specified in a separate written agreement between Tenant and Broker.
Tenant’s Initials (__________)(__________)
Landlord’s Initials (__________)(__________)
Copyright © 1994-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
LR REVISED 11/08 (PAGE 5 OF 6)
Reviewed by _______ Date _______
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 5 OF 6)
Premises: __________________________________________________________________ Date: _________________
46. n
INTERPRETER/TRANSLATOR: The terms of this Agreement have been interpreted for Tenant into the following language:
_____________________________________. Landlord and Tenant acknowledge receipt of the attached interpretor/translator
agreement (C.A.R. Form ITA).
47. FOREIGN LANGUAGE NEGOTIATION: If this Agreement has been negotiated by Landlord and Tenant primarily in Spanish,
Chinese, Tagalog, Korean or Vietnamese. Pursuant to the California Civil Code Tenant shall be provided a translation of this
Agreement inthe language used for the negotiation.
48. OWNER COMPENSATION TO BROKER: Upon execution of this Agreement, Owner agrees to pay compensation to Broker as
specified in a separate written agreement between Owner and Broker (C.A.R. Form LCA).
49. RECEIPT: If specified in paragraph 5, Landlord or Broker, acknowledges receipt of move-in funds.
T
AF
DR
Landlord and Tenant acknowledge and agree Brokers: (a) do not guarantee the condition of the Premises; (b) cannot
verify representations made by others; (c) cannot provide legal or tax advice; (d) will not provide other advice or
information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore,
if Brokers are not also acting as Landlord in this Agreement, Brokers: (e) do not decide what rental rate a Tenant should
pay or Landlord should accept; and (f) do not decide upon the length or other terms of tenancy. Landlord and Tenant
agree that they will seek legal, tax, insurance and other desired assistance from appropriate professionals.
Tenant agrees to rent the premises on the above terms and conditions.
Tenant __________________________________________________________________________ Date ______________________
Address ________________________________________ City __________________________ State ________ Zip ____________
Telephone ______________________ Fax ______________________ E-mail____________________________________________
Tenant __________________________________________________________________________ Date ______________________
Address ________________________________________ City __________________________ State ________ Zip ____________
Telephone ______________________ Fax ______________________ E-mail____________________________________________
n
GUARANTEE: In consideration of the execution of the Agreement by and between Landlord and Tenant and for valuable
consideration, receipt of which is hereby acknowledged, the undersigned (“Guarantor”) does hereby:
(i) guarantee unconditionally to Landlord and Landlord’s agents, successors and assigns, the prompt payment of Rent or other
sums that become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the
Agreement; (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and
Tenant; and (iii) waive any right to require Landlord and/or Landlord’s agents to proceed against Tenant for any default occurring
under this Agreement before seeking to enforce this Guarantee.
Guarantor (Print Name) ________________________________________________________________________________
Guarantor ____________________________________________________________________ Date ________________
Address ________________________________ City __________________________ State ________ Zip ____________
Telephone__________________________ Fax __________________________ E-mail______________________________
Landlord agrees to rent the premises on the above terms and conditions.
Landlord _____________________________________________ Landlord ______________________________________________
Address ____________________________________________________________________________________________________
Telephone ______________________ Fax ______________________ E-mail____________________________________________
REAL ESTATE BROKERS:
A.Real estate brokers who are not also Landlord under the Agreement are not parties to the Agreement between Landlord and
Tenant.
B.Agency relationships are confirmed in paragraph 44.
C.COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating
Broker agrees to accept: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which
the Property is offered for sale or a reciprocal MLS; or (ii) n (if checked) the amount specified in a separate written agreement
between Listing Broker and Cooperating Broker.
Real Estate Broker (Listing Firm) ____________________________________________________ DRE Lic. # __________________
By (Agent) ________________________________________ DRE Lic. # __________________ Date ______________________
Address __________________________________________ City ________________________ State ________ Zip __________
Telephone ________________________ Fax ______________________________ E-mail ________________________________
Real Estate Broker (Leasing Firm) __________________________________________________ DRE Lic. # __________________
By (Agent) ________________________________________ DRE Lic. # __________________ Date ______________________
Address __________________________________________ City ________________________ State ________ Zip __________
Telephone ________________________ Fax ______________________________ E-mail ________________________________
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY
PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by
members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiary of the California Association of REALTORS®
525 South Virgil Avenue, Los Angeles, California 90020
®
LR REVISED 11/08 (PAGE 6 OF 6)
Reviewed by _______ Date _______
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 6 OF 6)